1828

LAWS OF MARYLAND.

CHAP. 165,

ed to be offered in evidence; and in case of the absence of
any such party from this state, and no agent, attorney
or guardian, of such party, in this state, of which the
commissioner may require satisfactory proof, then upon
such notice, by advertisement or otherwise, as the said
commissioner shall direct; and every such deposition shall
be written by the commissioner, and signed by the depo-
nent, and the taking thereof certified by the commissioner
before whom they shall be so taken, and by him lodg-
ed with, the clerk of the county court of the county in
which he shall act as commissioner, to be recorded by such
clerk, who shall record the same on receiving therefor
and all such depositions, or a transcript thereof, under seal,
whether taken before or after any suit commenced, may be
read in evidence on any arbitration or trial at law, or in
equity, if such deponent or deponents die before such arbi-
tration or trial, or be out of this state, or cannot be had to
attend, of which satisfactory proof shall be made, as is
provided in the second section; and such depositions shall
be subject to all exceptions as in the second section is pro-
vided.

Courts to pre-

scribe what fees

shall be allowed

Sec. 4. And be it enacted, That the said county courts
shall from time to time prescribe what fees shall be allowed
to the commissioners for the services authorised by this act,
which shall be paid by the party requiring the performance
of the service, and taxed as other costs in the action.

Commissioners to

take an oath

Sec. 5. And be it enacted, That any commissioner ap-
pointed in pursuance of this act, before he proceeds to act
as such, shall take an oath before some judge or justice,
"that he will faithfully and impartially execute the duties
of commissioner aforesaid, according to the best of his judg-
ment;" a certificate of which oath shall be recorded among
the records of the said counties respectively.

Same penalty for

swearing falsely

as if done in open

court

Sec. 6. And be it enacted, That any person swearing
falsely, or procuring any person to swear falsely, before
any of the said commissioners, shall be liable to the same
penalties as if the testimony were given in open court.

CHAP. CI.XVI.

Passed Mar 18,1829

A Supplement to the act, entitled, An act to appoint
State Wharfingers in the City of Baltimore, and to
authorise the collection of Wharfage in certain cases
in said City.

Deputies may be

appointed

Sec. 1. Be it enacted by the General Assembly of Ma-
ryland, That the state wharfingers in the city of Baltimore
may appoint one or more deputies to assist in the execution
of the duties of the office, for whose conduct the said wharf-
inger shall be accountable.